Snehasish Bhaumik and Ors. Vs Gopa Dutt and Ors. — Calcutta HC (2025) — LawSathi Research

Snehasish Bhaumik and Ors. Vs Gopa Dutt and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Alleged contemnor no.13 permitted to deposit a demand draft of Rs.47,62,189/- with the Registrar General, High Court, Calcutta by April 17, 2025; Registrar General to encash the draft and keep the proceeds in an interest-bearing fixed deposit with a nationalized bank to the credit of Title Suit No.1776 of 2024; quantum left to the court seized of the suit; contempt Rule disposed of without deciding merits, all points kept open.

Issue for consideration

Whether the alleged contemnor no.13 should be permitted to deposit the disputed claim amount involved in the order dated October 7, 2024 (Rs.47,62,189/-) with the Registrar General, High Court, Calcutta, pending disposal of the underlying Title Suit. +1 more

Court's answer

The Court permitted the alleged contemnor no.13 to deposit a demand draft for the claimed sum of Rs.47,62,189/- with the Registrar General, High Court, Calcutta by April 17, 2025, noting that there is a dispute as to the quantum.

Ratio / Principle

The Registrar General, on receipt of the demand draft, is to encash it and deposit the proceeds in an interest-bearing fixed deposit with a nationalized bank, such fixed deposit standing to the credit of Title Suit No.1776 of 2024 pending before the learned Civil Judge (Junior Division), 4th Court, Alipore.

Key takeaways

The court in seisin of Title Suit No.1776 of 2024 is at liberty to issue directions as to the quantum to be kept with the learned Registrar General pursuant to this order, and the parties may invite such orders on the quantum.ratio¶38
In view of the conduct of the contemnors, the contempt Rule is disposed of; the Court clarified that it did not enter into the merits of the rival contentions, and all points regarding the parties' claim and counter-claim in the Title Suit are kept open to be decided by the appropriate court.ratio¶40

Detailed headnote1 paragraphs

Contempt — alleged violation of interim order dated October 7, 2024 of learned Civil Judge (Jr. Division), 4th Court, Alipore in Title Suit No.1776 of 2024 — Contempt Rule issued March 4, 2025 — contemnor no.13 offered to secure the claimed sum of Rs.47,62,189/- by demand draft drawn in favour of the Registrar General, High Court Calcutta, quantum being disputed — contemnor no.13 permitted to deposit the demand draft with the Registrar General by April 17, 2025 — Registrar General to encash the draft and place the proceeds in an interest-bearing fixed deposit with a nationalized bank standing to the credit of Title Suit No.1776 of 2024 — court in seisin of the suit at liberty to direct the quantum, parties free to invite such orders — contempt Rule disposed of in view of the contemnors' conduct without entering into merits; all points on claim and counter-claim kept open for the appropriate court. (Debangsu Basak, J. and Md. Shabbar Rashidi, J.)

10.04.2025 Item No.11 Ct. No.26 CHC

IN THE HIGH COURT AT CALCUTTA SPECIAL CIVIL JURISDICTION

CRC 7 of 2025 (renumbered from CPAN 1876 of 2024) arising out of Title Suit 1776 of 2024

Snehasish Bhaumik & Ors. Vs.

Gopa Dutt & Ors.

Mr. Siddhartha Banerjee, Advocate

Mr. Shaunak Ghosh, Advocate

Ms. Saheli Sen, Advocate

Mr. Rajib Mullick, Advocate

Ms. Ayantika Saha, Advocate

….for the petitioners

Mr. Soumabha Ghose, Advocate

Mr. Soumalya Ganguli, Advocate ….for the contemnor nos.1, 5, 12, 18 and 19

Ms. Deepti Priya, Advocate …for the contemnor nos.2, 4, 6, 7, 8, 10, 11, 13, 14 and 17

Syed E. Huda, Advocate

Md. Rizwan Alam, Advocate …for the contemnor no.9

Mr. Saptarshi Mukherjee, Advocate

…for the contemnor no.13

Mr. Dripto Majumdar, Advocate

Mr. Tanay Saraf, Advocate

…for the contemnor no.15

Ms. Manika Roy, Advocate

Ms. Ankita Chowdhury, Advocate

Mr. Atanu Sur, Advocate

…for the contemnor no.20

Contempt Rule was issued on March 4, 2025 in

respect of an order dated October 7, 2024 passed by

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the Learned Civil Judge (Jr. Division), 4^th Court, Alipore in Title Suit No.1776 of 2024.

Learned advocate appearing for the contemnor no.13 submits that, his client is ready and willing to secure the sum of Rs.47,62,189/- with the Court. He submits that, his client is ready and willing to deposit a demand draft drawn in the name of the Registrar General, High Court Calcutta for such sum.

Other contemnors are represented.

Order dated October 7, 2024, violation of which is complained of, is an interim order.

The petition in which such order dated October 7, 2024, was passed is yet to be finally decided and disposed of by the Court before which it is pending.

Since, one of the alleged contemnors is offering to secure the claim amount involved in the order dated October 7, 2024 (there is a dispute as to the quantum) we deem it appropriate to permit the alleged contemnor no.13 to deposit such demand draft with the Registrar General, High Court, Calcutta by April 17, 2025.

Learned Registrar General on receipt of such demand draft will encash the same and deposit the proceeds of such demand draft with any nationalized bank in a fixed deposit bearing interest. The fixed deposit so opened by the learned Registrar General will stand to the credit of Title Suit No.1776 of 2024 presently

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pending before the Learned Civil Judge (Junior Division), 4^th Court, Alipore.

Learned Court in seisin of such Title Suit is at liberty to issue such directions as to the quantum that will be kept with the Learned Registrar General of this Court pursuant to this order.

Parties are at liberty to invite the learned Court in seisin of such Title Suit may pass appropriate order with regard to the quantum lying with the Learned Registrar General pursuant to this order.

In view of such conduct of contemnors we deem it appropriate to dispose of the contempt Rule.

We clarify that, we did not enter into the merits of the rival contentions of the parties.

All points raised by the parties with regard to the merits of their claim and counter claim in the Title Suit are kept open to be decided by the appropriate Court.

CRC 7 of 2025 is dispose of.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)